RAVEENDRAN, J.
The scope of section 8 of the Arbitration and Conciliation Act, 1996
(Act, for short) arises for consideration in this appeal by special ... date of actual payment
Clause (16) of the deposit agreement provided for arbitration and is
extracted below:
"In case of any dispute with respect
directed against the judgment dated 8.2.2005 of the
Guwahati High Court allowing Arbitration Appeal No.1/2004 filed by the
respondents and setting aside ... dismissed the petition filed by respondents filed under section 34 of
2
Arbitration & Conciliation Act, 1996 and affirmed the Award passed by the
Arbitrator
statutory flavour. Bye-laws 248 to 281D
provide for and govern the arbitration between members
and non-members and Bye-laws 282 to 315L provide ... govern the arbitration between members of the
Exchange.
2. The first respondent raised and referred a
dispute against the second respondent and the appellant
under
respondent. Clause 25 of the agreement provided for settlement of disputes
by arbitration, relevant portions of which are extracted below:
"Except where otherwise provided ... after the completion or abandonment thereof shall
be referred to the sole arbitration of the person appointed by the Chief
Engineer, Central Public Works Department
Heard.
2. The appellant filed an application under section 11 of the Arbitration
& Conciliation Act, 1996 (`Act' for short) for appointment ... said lease deed provided for
settlement of disputes between the parties by arbitration. As the estates were
hypothecated to United Bank of India
Appeal No.1581 of
2006 under Section 37(1)(A) of the Arbitration and Conciliation Act,
1996 (hereinafter called "Act 1996") against ... order dated
17.1.2006 passed by the District Judge, Jaipur City, Jaipur in
Arbitration Case No.89/2004 whereby the application filed by the
State
whether an order, though not appealable under section 50 of
the Arbitration and Conciliation Act, 1996 (hereinafter "1996 Act"), would
nevertheless be subject ... Letters
Patent of the High Court. In other words even though the Arbitration Act
does not envisage or permit an appeal from the order
Chauhan
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
ARBITRATION PETITION NOS. 7 & 8 OF 2009
M/s. Cauvery Coffee Traders, Mangalore ... CHAUHAN, J.
1. The arbitration applications under Section 11(5) & (9) of the
Arbitration and Conciliation Act, 1996 , hereinafter called
1992, directing decrees be drawn in terms of arbitration awards
dated 13.3.1992 made by one Chandra Bhushan Sharma, Advocate,
Kurukshetra, appointed as per reference agreements ... dated 12.3.1992.
5. According to appellants, the agreements dated 12.3.1992, the
arbitration awards dated 13.3.1992, the consent decrees dated 30.3.1992 and
the mutations in favour
entertain the petition filed by the
respondents under Section 9 of the Arbitration and Conciliation Act, 1996
(for short, "the Act") for grant ... declaration that Kuala Lumpur
(Malaysia) is contractual and juridical seat of arbitration and for issue of a
direction to the arbitral tribunal to continue
